Quebec adopts regulations imposing new measures to prevent sexual violence in the workplace

In 2024, Quebec enacted the Act to prevent and fight psychological harassment and sexual violence in the workplace (the Act). Among other changes, the Act amended the Act respecting occupational health and safety by introducing a definition of “sexual violence,” which encompasses any form of violence targeting sexuality, as well as any other misconduct, unwanted gestures, practices, comments, behaviours, or attitudes with sexual connotations, whether they occur once or repeatedly, including violence relating to sexual and gender diversity. However, as of 2024, the Quebec Government had provided limited guidance with respect to employers’ reporting and training obligations specifically relating to sexual violence.

On May 27, 2026, the Government of Quebec adopted the Regulation respecting the measures to prevent or put a stop to sexual violence (the Regulation). This new regulatory framework sets out the measures that employers will be required to implement to combat sexual violence in the workplace.

The Regulation reflects the Quebec legislature’s commitment to strengthening worker protection and promoting healthy, safe, and respectful workplaces. In particular, it imposes new obligations regarding information and training, as well as the handling of complaints and reports of sexual violence. The main provisions of the Regulation will come into force on May 27, 2027, while the obligations relating to training will take effect on May 27, 2028.

Broader approach to sexual violence

The Regulation specifies that employers must take into account that sexual violence can be present both inside and outside the physical workplace. Consistent with how workplace is understood elsewhere in Canada, conduct which may arise during work-related social activities as well as while using technology (e.g. group chats and social media) can constitute sexual violence under the Regulation.

The Regulation also acknowledges that sexual violence can occur in a variety of workplace relationships, including between co-workers, between a worker and a supervisor, between a worker and a client, or between a worker and their employer.

This broader approach confirms that prevention obligations are not limited to the traditional physical workplace. Rather, employers must consider all work-related situations in which risks of sexual violence may arise and adapt their preventive measures accordingly.

Obligation to inform and train workers

The Regulation imposes new obligations on employers aimed at raising workers’ awareness of the risks of sexual violence and the preventive measures available to address them. As of May 27, 2027, employers will be required to provide to all workers, in writing, information that reflects the organizational, sector-based, and environmental characteristics of the work environment.

This information must include, among other things, the risks that have been identified or, where applicable, analyzed, the social interactions that could result in sexual violence, the measures provided for in the employer’s prevention program or action plan that make it possible to eliminate or, failing that, control the identified risks, as well as the procedure to file a complaint or report sexual violence.

The Regulation also introduces a mandatory training requirement.  Employees must be adequately trained in respect of the following:

• the definition of sexual violence;
• the types of sexual violence that could occur in the workplace;
• the effects of sexual violence on persons and its consequences in the workplace;
• the obligations of the employer and workers, and the rights of workers;
• a list of resources and the recourses available to workers; and
• the good practices applicable when a person is a witness to or has knowledge of sexual violence in the workplace.

The Regulation provides that this training must be delivered by an instructor who possesses the knowledge, training, or experience necessary to identify and analyze the risks related to sexual violence in the workplace. Starting May 27, 2028, employers must ensure that this training is provided to their workers every three years.

These new requirements are in addition to the obligations already imposed on employers with respect to the prevention of psychological harassment and sexual violence. They are intended to better inform workers about the risks present in their workplace and the reporting mechanisms available to them.

Complaint and reporting procedure

The Regulation also requires employers to establish a procedure that specifies the steps to file a complaint or report sexual violence and how to manage such a complaint or report. The procedure must be made available in the workplace. Companies can likely integrate these requirements into their complaint and reporting procedure for psychological harassment that are already established.

To date, the CNESST has not yet published a model procedure governing the filing of complaints and reports that complies with the new regulatory requirements. However, it has indicated that it will develop tools to assist employers in meeting these obligations before they come into force.

In addition, under the Regulation, any worker who files a complaint or makes a report will have the right to be accompanied by a person of their choosing throughout the process. This requirement is intended to provide enhanced support to individuals who come forward to report situations of sexual violence.

Handling of complaints and reports

The Regulation requires that all complaints and reports be managed with diligence. Employers will be required to implement measures to ensure that the management of a complaint or report itself does not create additional risks for the individuals involved. In particular, the Regulation identifies secondary victimization as a risk that must be prevented. Secondary victimization occurs when a victim experiences additional negative consequences as a result of the reactions, attitudes, or conduct of others toward the prejudice they have suffered. Additionally, where risks are identified in the context of the handling of a complaint or report, measures must be taken to control those risks.

Importantly, consistent with the changes introduced by the Act to prevent and fight psychological harassment and sexual violence in the workplace, employers must also designate a person responsible for receiving and handling complaints and reports. The person designated by the company to receive and handle complaints and reporting of psychological harassment could likely be the same person who is tasked with managing a complaint or report by a worker concerning sexual violence. This person must carry out those duties impartially and have the necessary knowledge and skills to manage such responsibilities.

Conclusion

Employers are being provided with a transition period before these new requirements come into force. Nevertheless, they should take advantage of this time to review their prevention programs, internal policies, and complaint-handling mechanisms to ensure compliance with the new regulatory framework. Taking a proactive approach will not only help reduce legal risks but also foster a safer and more respectful workplace for all workers.

For more information or any questions regarding the obligations of Quebec businesses and employers, particularly with respect to updating harassment prevention policies and implementing workplace harassment training within your organization, please contact one of the lawyers in the Employment and Labour Law Group at DLA Piper (Canada) LLP’s Montreal office.